Sheriff’s New Policy on Internal Probes Disputed

A dispute over a new department policy has pitted the union representing county sheriff’s deputies against department administrators.

The policy prohibits deputies who are under an internal affairs investigation from using a third person to investigate the matter, Deputy County Counsel Frank O. Sieh said.

Sieh said deputies already are admonished by investigators from talking to witnesses or potential witnesses during an internal affairs investigation. The new policy, implemented in August, prohibits them from using someone else to do that, he said.

According to Sieh, the intent of the policy is to maintain the integrity of internal department investigations on such matters as police abuse allegations or breaches of department policy.

“Police officers and deputies are held to a much higher standard of conduct,” he said. “Anything that jeopardizes the ability of the department to maintain that public trust is serious.”

But union lawyer Donna Clontz said the new policy is a violation of deputies’ rights, infringing on their ability to defend themselves from wrongful disciplinary actions, civil suits or criminal charges.

On Tuesday, a Ventura County Superior Court judge granted a partial injunction allowing deputies who face possible criminal charges to hire an investigator or third-party representative to make inquiries about charges they may face, Clontz said.

In disciplinary proceedings, a deputy typically has 10 days to appeal, but the judge also ruled Tuesday to allow for more time if the deputy needs it.

The disputed policy eventually may be settled in court, through contract negotiations or arbitration, the two sides said.